Posted on 02/05/2016 11:33:35 AM PST by Enlightened1
Who is a natural-born citizen? Who, in other words, is a citizen at birth, such that that person can be a President someday?
The 14th Amendment defines citizenship this way: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” But even this does not get specific enough. As usual, the Constitution provides the framework for the law, but it is the law that fills in the gaps.
Currently, Title 8 of the U.S. Code fills in those gaps. Section 1401 defines the following as people who are “citizens of the United States at birth:”
•Anyone born inside the United States *
•Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person’s status as a citizen of the tribe
•Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
•Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national
•Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
•Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
•Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)
•A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.
* There is an exception in the law — the person must be “subject to the jurisdiction” of the United States. This would exempt the child of a diplomat, for example, from this provision.
Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the children of military families to be considered natural-born, for example.
http://www.usconstitution.net/consttop_citi.html
you forgot to add never been a insufferable blowhard or liberal like Trump.
The problem is no one has the balls to assert the truth on this issue. People in positions who can believe it is too much trouble because of the blow back they would get.
Ted Cruz was a citizen at birth. He did not need to be naturalized later. Thus, by your own standard, he is eligible to be President.
(a) I, personally, am of the opinion that Cruz is not NBC...yet, we have approved Obamugabe (01/20/2009).
Therefore, Cruz is 100% eligible for POTUS based on POTUS.
If the Dhimmicrats want to argue otherwise, they must, necessarily, expose Obamugabe’s CV/Bona Fides; which they are not willing to do.
Ultimately, only arguments regarding Cruz’s eligibility will be “intra-party”. Tell these pubbie ^STOOPIDS^ to STFU!
you wish
As I understand the laws, Obama, on the other hand, would not be a citizen from birth if he was actually born in Kenya (since his mom did not meet the specific statutory requirement of having lived in the US for five years after her 14th birthday). And since Obama was never naturalized, he is not an American citizen at all if he was born in Kenya.
That being a bizarre possibility, the opinions of numerous documents experts who are convinced that the Long-Form Birth Certificate released by Loretta Fuddy in Hawaii is an outright forgery amount to monumentally serious allegations. (Maybe Trump will get back to this now that Arpaio has endorsed him, but I doubt it.)
The Supreme Court is not needed. All that matters is... ahem-
WHAT DID NATURAL BORN CITIZEN MEAN WHEN THE FRAMERS RATIFIED THE CONSTITUTION?
Nice try....
“with military and diplomatic service included in this time”
She had neither.
Now, let’s talk about real issues and policies, and stop wasting time on this garbage.
Other than Cruz none of them wants to talk about the issues because Cruz would bury them!
I agree with your point about Obama.
That’s an interesting point about the Judges in Illinois.
Here your problem... there’s room for interpretation
The pro Cruz people interpret it that he is a natural born citizen
The anti Cruz people will interpret it that he’s not a natural born citizen
Here all our problem.... The pro Cruz people forget we are trying to take down the powers that be in DC... the Dems the Republicans, ... and the politicized Supreme Court and court system..... the whole power establish ....
So that whol power establishment will be run by the anti Cruz people...
And thet will rule in the end when they need to ..should Cruz get elected that Cruz is not a natural born citizen it’s their ace in the hole.... it’s their plausible excuse to simply eliminate Cruz as a threat in thier worst case scenario of Cruz got elected.
The pro Cruz people with stay willfully blind to the fact that our common enemy in DC have a legal maneuver emergency killswitch on any kind of Cruz aministration if it becomes a threat to them.... they’re saving it until they need it and where screwed...
Cruz has an Achilles heel that Cruz has never addressed and his fans don’t want to see it
enlightened1
what a curious screen name for someone, who according to an earlier post on this thread is simply goading fellow FReepers.
Possibly you think it is funny, I see you are new here, at least according to your profile page.
I do not find this constant goading of Cruz supporters at all funny.
this is a forum I use for information, not childish BS.
The Constitution makes NO DEMANDS with regard to “nbc”. Read it sometimes.
You nailed it!
Plus I noticed Cruz supporters, in this post, are only reading “part” of the law, and not the entire law. Or part of the sentence, and not the full sentence.
” DID HIS CITIZENSHIP OCCUR NATURALLY, OR DID HIS CITIZENSHIP OCCUR BECAUSE OF A STATUTE PASSED BY CONGRESS?”
Please point any law or historical fact that makes that distinction. There’s only two categories, Citizen at Birth or Naturalized.
Cruz has an Achilles heel that Cruz has never addressed and his fans don’t want to see it.
That’s strange because i’m pretty sure we’ve seen that question answered twice in the last week ie Illinois and New Hampshire.......of course you won’t be satisfied till it’s a “good” liberal judge!
Okay you are now personally attacking me because you don’t like my reply of read the entire point and not part of it.
I posted a part of the U.S. Constitution and you call that childish B.S. I don’t consider the U.S. Constitution childish or B.S.......
Naturally there will be times when two Freepers do not agree. At that point the debate will be based on the evidence, other facts, logic, preponderance of evidence, critical thinking, etc....just like we see in a court case.
Skeptical thinking and vigorous debate is a hallmark of a free and strong Republic. People do not always have to agree with each others point of view, but should always protect and defend their Right to say it. If people want a society where everyone thinks the same, then you get North Korea.
We live in a big Universe and Earth is only a tiny part of it. Therefore, our view point is just one tiny point in a Universe of ideas at a given time, and is not always the end all be all. Every group in life have some valid evidence and points. If they did not, then they probably would not exist. However, when you take a step back or out, to see all sides of humanity, then you see a different picture. Perhaps it boils down to where you are sitting and your own personal life experiences?
I’m just curious since you are such a life time member. When was the last time you donated to Free Republic?
Let’s make it easy for you, please refer to this document:
Birth Abroad to One Citizen and One Alien Parent in Wedlock
A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child’s birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship.Birth Abroad to One Citizen and One Alien Parent in Wedlock
A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child’s birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship.
We decided that John McCain was eligible eight years ago - and I agree - eligible but a terrible choice. America’s enemies decided that Barack Hussein was okay by their so-called standards eight years ago.
The precedent is set: The president has to have a birth certificate showing birth to a US citizen, whether or not that birth was on US soil, and whether or not both parents were citizens.
Cruz is a natural born citizen under the precedent set for that undefined constitutional term. If you don’t like him, don’t vote for him, but I believe it’s time to move on to substance and issues. We’ve had many dozens of threads on Cruz and his birth, probably hundreds, and we are well past the point where they contribute to the discussion.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.